3313.718
Possession and use of epinephrine autoinjector to treat anaphylaxis.

(A)
As
used in this section, "prescriber" has the same meaning as in section 4729.01
of the Revised Code.

(B)
Notwithstanding section 3313.713 of the Revised Code or any policy adopted
under that section, a student of a school operated by a city, local, exempted
village, or joint vocational school district or a student of a chartered
nonpublic school may possess and use an epinephrine autoinjector to treat
anaphylaxis, if all of the following conditions are satisfied:

(1)
The
student has the written approval of the prescriber of the autoinjector and, if
the student is a minor, the written approval of the parent, guardian, or other
person having care or charge of the student. The prescriber's written approval
shall include at least all of the following information:

(d)
The
date, if known, that the administration of the medication is to
cease;

(e)
Acknowledgment that the prescriber has determined that the student is capable
of possessing and using the autoinjector appropriately and has provided the
student with training in the proper use of the autoinjector;

(g)
Written instructions that outline procedures school employees should follow in
the event that the student is unable to administer the anaphylaxis medication
or the medication does not produce the expected relief from the student's
anaphylaxis;

(h)
Any severe
adverse reactions that may occur to the child using the autoinjector that
should be reported to the prescriber;

(i)
Any
severe adverse reactions that may occur to another child, for whom the
autoinjector is not prescribed, should such a child receive a dose of the
medication;

(j)
At least one
emergency telephone number for contacting the prescriber in an
emergency;

(k)
At least one
emergency telephone number for contacting the parent, guardian, or other person
having care or charge of the student in an emergency;

(2)
The
school principal and, if a school nurse is assigned to the student's school
building, the school nurse has received copies of the written approvals
required by division (B)(1) of this section.

(3)
The
school principal or, if a school nurse is assigned to the student's school
building, the school nurse has received a backup dose of the anaphylaxis
medication from the parent, guardian, or other person having care or charge of
the student or, if the student is not a minor, from the student.

If these conditions are
satisfied, the student may possess and use the autoinjector at school or at any
activity, event, or program sponsored by or in which the student's school is a
participant.

(C)
Whenever a student uses an autoinjector at school or at any activity, event, or
program sponsored by or in which the student's school is a participant or
whenever a school employee administers anaphylaxis medication to a student
that was possessed by the student pursuant to the written
approvals described in division (B)(1) of this section, a school employee
shall immediately request assistance from an emergency medical service
provider.

(1)
A
school district, member of a school district board of education, or school
district employee is not liable in damages in a civil action for injury, death,
or loss to person or property allegedly arising from a district employee's
prohibiting a student from using an autoinjector because of the employee's good
faith belief that the conditions of division (B) of this section had not been
satisfied. A school district, member of a school district board of education,
or school district employee is not liable in damages in a civil action for
injury, death, or loss to person or property allegedly arising from a district
employee's permitting a student to use an autoinjector because of the
employee's good faith belief that the conditions of division (B) of this
section had been satisfied. Furthermore, when a school district is required by
this section to permit a student to possess and use an autoinjector because the
conditions of division (B) of this section have been satisfied, the school
district, any member of the school district board of education, or any school
district employee is not liable in damages in a civil action for injury, death,
or loss to person or property allegedly arising from the use of the
autoinjector by a student for whom it was not prescribed.

This section does not
eliminate, limit, or reduce any other immunity or defense that a school
district, member of a school district board of education, or school district
employee may be entitled to under Chapter 2744. or any other provision of the
Revised Code or under the common law of this state.

(2)
A
chartered nonpublic school or any officer, director, or employee of the school
is not liable in damages in a civil action for injury, death, or loss to person
or property allegedly arising from a school employee's prohibiting a student
from using an autoinjector because of the employee's good faith belief that the
conditions of division (B) of this section had not been satisfied. A chartered
nonpublic school or any officer, director, or employee of the school is not
liable in damages in a civil action for injury, death, or loss to person or
property allegedly arising from a school employee's permitting a student to use
an autoinjector because of the employee's good faith belief that the conditions
of division (B) of this section had been satisfied. Furthermore, when a
chartered nonpublic school is required by this section to permit a student to
possess and use an autoinjector because the conditions of division (B) of this
section have been satisfied, the chartered nonpublic school or any officer,
director, or employee of the school is not liable in damages in a civil action
for injury, death, or loss to person or property allegedly arising from the use
of the autoinjector by a student for whom it was not prescribed.